|
Garcetti V. Ceballos
''Garcetti v. Ceballos'', 547 U.S. 410 (2006), is a U.S. Supreme Court decision involving First Amendment free speech protections for government employees. The plaintiff in the case was a district attorney who claimed that he had been passed up for a promotion for criticizing the legitimacy of a warrant. The Court ruled, in a 5–4 decision, that because his statements were made pursuant to his position as a public employee, rather than as a private citizen, his speech had no First Amendment protection. Background Richard Ceballos had been employed since 1989 as a deputy district attorney for the Los Angeles County District Attorney's Office, which at the time was headed by Gil Garcetti. After the defense attorney in a pending criminal case contacted Ceballos about his motion to challenge a critical search warrant based on inaccuracies in the supporting affidavit, Ceballos conducted his own investigation and determined that the affidavit contained serious misrepresentations. Ceb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawyers' Edition
The ''United States Supreme Court Reports, Lawyers' Edition'', or ''Lawyers' Edition'' (L. Ed. and L. Ed. 2d in case citations), is an unofficial law report, reporter of Supreme Court of the United States Judicial opinion, opinions. The ''Lawyers' Edition'' was established by the Lawyers Cooperative Publishing Company of Rochester, New York in 1882, and features coverage of Supreme Court decisions going back to 1790. The first ''Lawyers' Edition'' series corresponds to the official ''United States Reports'' from United States Reports, volume 1, volume 1 to List of United States Supreme Court cases, volume 351, volume 351, whereas the second series contains cases starting from the official reporter List of United States Supreme Court cases, volume 352, volume 352. It is currently published by LexisNexis. The ''Lawyers' Edition'' differs from the official reporter in that the editors write headnotes and case summaries, as well as provide annotations to some cases, and decisions are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affidavit
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or ''deposition (law), deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or containing a verification, meaning it is made under oath on penalty of perjury. It serves as evidence for its veracity and is required in court proceedings. Definition An affidavit is typically defined as a written declaration or statement that is sworn or affirmed before a person who has authority to administer an oath. There is no general defined form for an affidavit, although for some proceedings an affidavit must satisfy legal or statutory requirements in order to be considered. An affidavit may include, * a ''commencement ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dissenting Opinion
A dissenting opinion (or dissent) is an Legal opinion, opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and are also delivered and published at the same time. A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's Holding (law), holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may result in a majority opinion adopting a particular understanding of the law formerly advocated in dissent. As with concurring opinions, the difference in opinion between dissents and majority opinions can often illuminate the precise hol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Samuel Alito
Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American jurist who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. He was Samuel Alito Supreme Court nomination, nominated to the high court by President George W. Bush on October 31, 2005, and has served on it since January 31, 2006. After Antonin Scalia, Alito is the second Italian-American, Italian American justice to serve on the U.S. Supreme Court. Alito was raised in Hamilton Township, Mercer County, New Jersey, Hamilton Township, New Jersey, and graduated from Princeton University and Yale Law School. After law school, he worked as an assistant attorney general for the Office of Legal Counsel and served as the United States Attorney for the District of New Jersey, U.S. attorney for the District of New Jersey. In 1990, Alito was appointed as a judge on the U.S. Court of Appeals for the Third Circuit, where he served until joining th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sandra Day O'Connor
Sandra Day O'Connor (March 26, 1930 – December 1, 2023) was an American attorney, politician, and jurist who served as an associate justice of the Supreme Court of the United States from 1981 to 2006. Nominated by President Ronald Reagan, O'Connor was the first woman to serve as a U.S. Supreme Court justice. A moderate conservative, she was considered a swing vote. Before O'Connor's tenure on the Court, she was an Arizona state judge and earlier an elected legislator in Arizona, serving as the first female majority leader of a state senate as the Republican leader in the Arizona Senate. Upon her nomination to the Court, O'Connor was confirmed unanimously by the United States Senate. O'Connor usually sided with the Court's conservative bloc but on occasion sided with the Court's liberal members. She often wrote concurring opinions that sought to limit the reach of the majority holding. Her majority opinions in landmark cases include '' Grutter v. Bollinger'' and '' Hamd ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American attorney and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was considered the swing vote on many of the Roberts Court's 5–4 decisions. Born in Sacramento, California, Kennedy took over his father's legal practice in Sacramento after graduating from Stanford University and Harvard Law School. Kennedy became a U.S. federal judge in 1975 when President Gerald Ford appointed him to the United States Court of Appeals for the Ninth Circuit. In November 1987, after two failed attempts at nominating a successor to Associate Justice Lewis F. Powell Jr., President Reagan nominated Kennedy to the Supreme Court. Kennedy won unanimous confirmation from the United States Senate in February 1988. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diarmuid Fionntain O'Scannlain
Diarmuid Fionntain O'Scannlain ( ; born March 28, 1937) is a senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit. His chambers are located in Portland, Oregon. Early life and career Born in New York City, New York, O'Scannlain received a Bachelor of Arts degree from St. John's University in 1957, a Juris Doctor from Harvard Law School in 1963, and a Master of Laws from the University of Virginia School of Law in 1992. He was in the United States Army Reserve, JAG Corps from 1955 to 1978. In September 1960, O'Scannlain attended the founding conference of Young Americans for Freedom, held at William F. Buckley Jr.'s estate in Sharon, Connecticut. At that conference O'Scannlain was elected to serve on YAF's original Board of Directors. He was a tax attorney for the Standard Oil Company of New Jersey and New York City from 1963 to 1965, and in private practice in Portland, Oregon, from 1965 to 1969. He was a deputy state attorney general ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. Terminology American English and British English have diverged significantly on the topic of appellate terminology. American cases go up "on appeal" and one "appeals from" (Intransitive verb, intransitive) or "appeals" (Transitive verb, transitive) an order, award, judgment, or conviction, while decisions of British courts are said to be "under appeal" and one "appeals against" a judgment. An American court disposes of an appeal with words like "judgment affirmed" (the appeal is without merit) or "judgment reversed" (the app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qualified Immunity
In the United States, qualified immunity is a legal principle of federal law that grants government officials performing discretionary (optional) functions immunity from lawsuits for damages unless the plaintiff shows that the official violated "clearly established statutory statutory or constitutional rights of which a reasonable person would have known". It is comparable to sovereign immunity, though it protects government employees rather than the government itself. It is less strict than absolute immunity, by protecting officials who "make reasonable but mistaken judgments about open legal questions", extending to "all [officials] but the plainly incompetent or those who knowingly violate the law". Qualified immunity applies only to government officials in civil litigation, and does not protect the government itself from suits arising from officials' actions. The Supreme Court of the United States, U.S. Supreme Court first introduced the qualified immunity doctrine in Pierson v ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Summary Judgment
In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, is a Judgment (law), judgment entered by a court for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial." In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incorporation (Bill Of Rights)
Incorporation may refer to: * Incorporation (business), the creation of a business or corporation * Incorporation of a place, the creation of municipal corporation such as a city or county * Incorporation (academic), awarding a degree based on the student having an equivalent degree from another university * Incorporation of the Bill of Rights, extension of parts of the United States Bill of Rights to bind individual American states. * Incorporation of international law, giving domestic legal force to a sovereign state's international legal obligations * Incorporation (linguistics), the compunding of a morpheme with another word or phrase * Incorporation (Netherlands), the annexation of the Netherlands by the First French Empire See also * Incorporation by reference * Incorporated (other) * Corporation A corporation or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the State (polity), s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses Citizenship of the United States, citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting Freedman#United States, freed slaves following the American Civil War, and its passage was bitterly contested. States of the defeated Confederate States of America, Confederacy were required to ratify it to regain representation in United States Congress, Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court of the United States, Supreme Court decisions, such as ''Brown v. Board of Education'' (1954; prohibiting Racial segregation in the United States, racial segregation in State school#United St ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
